BILL NUMBER: AB 2895     ENROLLED

BILL TEXT

PASSED THE SENATE  AUGUST 27, 2004
PASSED THE ASSEMBLY  AUGUST 27, 2004
AMENDED IN SENATE  AUGUST 27, 2004
AMENDED IN SENATE  JUNE 16, 2004
AMENDED IN SENATE  MAY 25, 2004
AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Nunez
   (Principal coauthor:  Senator Cedillo)
   (Coauthors:  Assembly Members Bermudez,
Calderon, Diaz, Dymally, Firebaugh, Goldberg, Hancock, Koretz, Laird, Leno, Lieber, Longville, Montanez, Nation, Oropeza, Reyes, Salinas, Steinberg, and Vargas)
   (Coauthors:  Senators Alarcon, Burton, Ducheny, Escutia, Kuehl, Murray, Perata, Scott, Soto, Torlakson, and Vincent)

FEBRUARY 20, 2004

   An act to amend Section 197 of the Civil Code, and to amend Sections 1653.5, 12800, and 12801.5 of, to add Sections 1672.6, 1808.10, 12801.2, 12801.9, and 12801.10 to, to repeal and add Section 12801 of, and to repeal Section 14610.7 of, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

   AB 2895, Nunez.  Vehicles:  driver's license.
   (1) Existing law requires the Department of Motor Vehicles
(hereafter the department) to furnish the jury commissioner of each county with the current list of the names, addresses, and other identifying information of persons residing in the county who are 18 years of age or older and who are holders of a current driver's license or identification card issued by the department, as specified.
   This bill would require the department to exclude from those lists any person who obtained his or her current driver's license by presenting the affidavit described in (4).
   (2) Existing law requires the department, upon proper application, to issue a class C or M driver's license.
   This bill would require an applicant for an original driver's
license to sign a statement developed by the department, informing the applicant of the limitations and entitlements associated with the issuance of the driver's license.
   (3) Existing law provides that specified records of the
department, with certain exceptions, are open to public inspection. Existing law requires that the Attorney General, district attorneys, law enforcement agencies, public defenders, and public defender investigators, have access to records of the department that are open to the public on an equal basis.  Existing law requires applications for driver's licenses and identification cards to contain specified information.
   This bill would authorize the department, if a person submits the affidavit described in (4) in support of a driver's license application, to disclose that fact to the Department of Justice
solely for the purpose of enabling the Department of Justice to
determine whether the person may lawfully own, purchase, receive, possess, or have custody or control of a firearm, dangerous weapon, or explosive.  The bill would provide that this information is confidential and would prohibit the Department of Justice from providing that information to the federal government or to any other law enforcement agency, except for the purpose of prosecuting the person for a crime relating to the purchase, receipt, possession, or custody or control of a firearm, dangerous weapon, or explosive.
   (4) Under existing law, every form prescribed by the department for use by an applicant for the issuance or renewal by the department of a driver's license or identification card is required to contain a section for the applicant's social security account number. Existing law requires an applicant who submits one of those forms to the department to furnish the appropriate account number in the space provided.  Existing law prohibits the department from completing an application that does not include the applicant's social security account number.  Existing law prohibits the department from including
an applicant's social security account number on a driver's license, identification card, registration, certificate of title, or any other document issued by the department.  Existing law declares that information obtained by the department regarding an applicant's social security account number is not a public record and prohibits the department from disclosing that information except in specified circumstances.
   This bill would require those driver's license forms to contain a section for either the applicant's social security account number or the affidavit described below (hereafter the affidavit).
   The bill would allow an applicant for a driver's license who is
presently not eligible for a social security account number, but who submits an affidavit signed under penalty of perjury, attesting that he or she is not currently eligible for a social security account number, to submit the affidavit to the department in lieu of a social security account number, and the affidavit would be acceptable until the applicant obtains a social security account number.  The bill would require that applicant upon obtaining a social security account number to provide that social security account number to the department.  The bill would continue to require an application for a commercial driver's license to include the applicant's social security account number.  Because the bill thereby would expand the scope of the crime of perjury, the bill would impose a state-mandated local program.
   The bill would declare that information obtained by the department regarding an applicant's lack of social security account number or other information collected by the department pursuant to these provision is not a public record, and would prohibit the department from disclosing that information, except in specified circumstances.

   (5) Existing law requires the department to require every
applicant for an original driver's license or identification card to
submit satisfactory proof that the applicant's presence in the United States is authorized under federal law and prohibits the department from issuing a license or card to a person who does not do so. Existing law requires the department to adopt regulations, including procedures for verifying citizenship or legal residency of applicants for driver's licenses and identification cards.
   This bill would repeal those requirements.
   The bill would, however, require the department to require an
applicant for an original driver's license to present an identification document acceptable to the department, for the purpose of establishing identity prior to completing that application.  The bill would require an applicant who is unable to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law, as determined by the department, and who furnishes the department with the affidavit to also present to the department a birth certificate or other record of birth, determined acceptable by the department, issued by a foreign jurisdiction and other specified documents.
   The bill would also require an applicant for an original driver's
license as described above to submit to the department, for
transmittal to the Department of Justice, a full set of fingerprints and related information, as specified, for the purpose of state and federal criminal background checks.  The bill would require the Department of Justice to assess a fee upon the applicant that is sufficient to cover that department's costs in implementing these provisions.
   The bill would prohibit the department from issuing a driver's
license to a person on whom it receives a report from the Department of Justice indicating that the applicant has been convicted of a public offense, other than specified Vehicle Code offenses.  The bill would require the department to provide a person who has been denied a driver's license under this provision with a notice describing the specific reason for the denial and an opportunity to appeal that decision.
   The bill would require the department to charge a person who is unable to submit satisfactory proof that his or her presence in the United States is authorized under federal law and who submits an affidavit in support of an application for a driver's license, a fee sufficient to cover the costs incurred by the department under these provisions, but not more than $60, in lieu of the regular application fee for a class C or M driver's license.
   The bill would require an applicant for an original or renewal
driver's license to certify, under penalty of perjury, as to the
truthfulness of the stated residence address contained in the
application.  Because this would further expand the scope of the crime of perjury, this bill would impose a state-mandated local program.
   (6) Existing law makes it a misdemeanor for any person to
knowingly assist in obtaining a driver's license or identification
card for any person whose presence in the United States is not authorized under federal law.
   This bill would delete that provision.
  (7) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the state.  Statutory provisions establish procedures for making that reimbursement.
   This bill would provide that no reimbursement is required by this act for a specified reason.
   (8) The bill would provide that its provisions are severable.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known, and may be cited, as the
Immigrant Responsibility and Security Act of 2005.
  SEC. 2.  Section 197 of the Code of Civil Procedure is amended to
read:
   197.  (a) All persons selected for jury service shall be selected
at random, from a source or sources inclusive of a representative
cross section of the population of the area served by the court.
Sources may include, in addition to other lists, customer mailing
lists, telephone directories, or utility company lists.
   (b) The list of registered voters and the Department of Motor
Vehicles' list of licensed drivers and identification cardholders
resident within the area served by the court, are appropriate source
lists for selection of jurors.  These two source lists, when
substantially purged of duplicate names, shall be considered
inclusive of a representative cross section of the population, within
the meaning of subdivision (a).
   (c) The Department of Motor Vehicles shall furnish the jury
commissioner of each county with the current list of the names,
addresses, and other identifying information of persons residing in
the county who are age 18 years or older and who are holders of a
current driver's license or identification card issued pursuant to
Article 3 (commencing with Section 12800) of, or Article 5
(commencing with Section 13000) of, Chapter 1 of Division 6 of the
Vehicle Code, but excluding a person who obtained his or her current
driver's license by providing the department with the affidavit
described in paragraph (2) of subdivision (a) of Section 12801 of the
Vehicle Code.  The conditions under which these lists shall be
compiled semiannually shall be determined by the director, consistent
with any rules which may be adopted by the Judicial Council.  This
service shall be provided by the Department of Motor Vehicles
pursuant to Section 1812 of the Vehicle Code.  A list compiled by the
department under this section is confidential and shall not be
disclosed or used by the department except for the purposes described
in this section.  The jury commissioner shall not disclose the
information furnished by the Department of Motor Vehicles pursuant to
this section to any person, organization, or agency.
  SEC. 3.  Section 1653.5 of the Vehicle Code is amended to read:
   1653.5.  (a) Every form prescribed by the department for use by an
applicant for the issuance or renewal by the department of a driver'
s license or identification card pursuant to Division 6 (commencing
with Section 12500) shall contain a section for the applicant's
social security account number.
   (b) Every form prescribed by the department for use by an
applicant for the issuance, renewal, or transfer of the registration
or certificate of title to a vehicle shall contain a section for the
applicant's driver's license or identification card number.
   (c) A person who submits to the department a form that, pursuant
to subdivision (a), contains a section for the applicant's social
security account number, or pursuant to subdivision (b), the
applicant's driver's license or identification card number, if any,
shall furnish the appropriate number or identifier in the space
provided.
   (d) (1) The department shall not complete an application for the
issuance or renewal by the department of a driver's license or
identification card pursuant to Division 6 (commencing with Section
12500) that does not include one of the following:
   (A) The applicant's social security account number.
   (B) The affidavit described in paragraph (2) of subdivision (a) of
Section 12801.
   (2) The department shall not complete an application for the
issuance or transfer of the registration or certificate of title to a
vehicle that does not include one of the following:
   (A) The applicant's driver's license number.
   (B) The applicant's identification card number.
   (e) An applicant's social security account number or the fact than
an affidavit described in paragraph (2) of subdivision (a) of
Section 12801 was submitted by the applicant shall not be included or
disclosed by the department on  any driver's license, identification
card, registration, certificate of title, or any other document
issued by the department.
   (f) Notwithstanding any other provision of law, information
regarding an applicant's social security account number, lack of
social security account number, or any other information collected
under Section 12801 or 12801.2, obtained by the department pursuant
to this section, is not a public record and shall not be disclosed by
the department except for any of the following purposes:
   (1) Responding to a request for information from an agency
operating pursuant to, and carrying out the provisions of, Part A
(Aid to Families with Dependent Children), or Part D (Child Support
and Establishment of Paternity), of Subchapter IV of Chapter 7 of
Title 42 of the United States Code.
   (2) Implementation of Section 12419.10 of the Government Code.
   (3) Responding to information requests from the Franchise Tax
Board for the purpose of tax administration.
   (4) Responding to information requests from the Department of
Justice that are submitted for the sole purpose of determining an
individual's eligibility to lawfully own, purchase, receive, possess,
or have custody or control of a firearm, dangerous weapon, or
explosive.
  SEC. 4.  Section 1672.6 is added to the Vehicle Code, to read:
   1672.6.  (a) Before being issued an original class C or M driver's
license under Article 3 (commencing with Section 12800) of Chapter 1
of Division 6, each applicant for that driver's license shall sign a
statement, that shall be developed by the department.
   (b) (1) The statement described in subdivision (a) shall consist
of a disclosure informing the applicant of the following:
   (A) It is unlawful to register to vote if you are not a citizen of
the United States.  The issuance of a driver's license or
identification card does not establish that right.
   (B) It may be unlawful to possess or to attempt to purchase a
firearm if you are not a citizen of the United States.  The issuance
of a driver's license or identification card does not establish that
right.
   (C) It is unlawful to serve on a jury unless you are a citizen of
the United States.  The issuance of a driver's license or
identification card does not establish that right.
   (D) The issuance of a driver's license is a license to drive a
motor vehicle.  It does not establish eligibility for employment,
voter registration, or public benefits.
   (2) Following each disclosure described in paragraph (1), there
shall be a space for the applicant's initials to acknowledge that the
applicant understands the limitations and entitlements associated
with issuance of a driver's license.
  SEC. 5.  Section 1808.10 is added to the Vehicle Code, to read:
   1808.10.  (a) If a person submits the affidavit described in
paragraph (2) of subdivision (a) of Section 12801 to the department,
the department may disclose that fact to the Department of Justice
solely for the purpose of enabling the Department of Justice to
determine whether the person may lawfully own, purchase, receive,
possess, or have custody or control of a firearm, dangerous weapon,
or explosive.
   (b) The information provided to the Department of Justice under
subdivision (a) is confidential.  The Department of Justice shall not
provide that information to the federal government or to any other
law enforcement agency, except for the purpose of prosecuting the
person for a crime relating to the purchase, receipt, possession, or
custody or control of a firearm, dangerous weapon, or explosive.
  SEC. 6.  Section 12800 of the Vehicle Code is amended to read:
   12800.  Every application for an original or a renewal of a driver'
s license shall contain all of the following information:
   (a) (1) The applicant's true full name, age, sex, mailing address,
residence address, and either the applicant's social security
account number or the affidavit described in paragraph (2) of
subdivision (a) of Section 12801.
   (2) The applicant shall certify, under penalty of perjury, as to
the truthfulness of the stated residence address provided under
paragraph (1).
   (b) A brief description of the applicant for the purpose of
identification.
   (c) A legible print of the thumb or finger of the applicant.
   (d) The type of motor vehicle or combination of vehicles the
applicant desires to operate.
   (e) Whether the applicant has ever previously been licensed as a
driver and, if so, when and in what state or country and whether or
not the license has been suspended or revoked and, if so, the date of
and reason for the suspension or revocation.
   (f) Whether the applicant has ever previously been refused a
driver's license in this state and, if so, the date of and the reason
for the refusal.
   (g) Whether the applicant, within the last three years, has
experienced, on one or more occasions, either a lapse of
consciousness or an episode of marked confusion caused by a condition
that may bring about recurrent lapses, or whether the applicant has
a disease, disorder, or disability that affects his or her ability to
exercise reasonable and ordinary control in operating a motor
vehicle upon a highway.
   (h) Whether the applicant understands traffic signs and signals.
   (i) Whether the applicant has ever previously been issued an
identification card by the department.
   (j) Any other information that is necessary to enable the
department to determine whether the applicant is entitled to a
license under this code.
  SEC. 7.  Section 12801 of the Vehicle Code is repealed.
  SEC. 8.  Section 12801 is added to the Vehicle Code, to read:
   12801.  (a) The department shall require an application for the
issuance or renewal of a driver's license to contain one of the
following:
   (1) The applicant's social security account number and any other
number or identifier determined to be appropriate by the department.

   (2) An affidavit signed under penalty of perjury by the applicant,
attesting that he or she is presently not eligible for a social
security account number.
   (b) (1) The affidavit described in paragraph (2) of subdivision
(a) shall be acceptable to the department in lieu of a social
security account number until the applicant obtains that number.
   (2) An applicant who submits the affidavit described in paragraph
(2) of subdivision (a) to the department and subsequently obtains a
social security account number shall provide that number to the
department upon obtaining it.
   (c) The social security account number collected on a driver's
license application or the fact that an affidavit described in
paragraph (2) of subdivision (a) was submitted shall not be displayed
on the driver's license, including, but not limited to, inclusion on
a magnetic tape or stripe used to store data on the license.
  SEC. 9.  Section 12801.2 is added to the Vehicle Code, to read:
   12801.2.  (a) The department shall require an applicant for an
original driver's license to present an identification document
acceptable to the department, for the purpose of establishing
identity prior to completing an application.
   (b) An applicant for an original driver's license who is unable to
submit satisfactory proof that the applicant's presence in the
United States is authorized under federal law, as determined by the
department, and who presents to the department the affidavit
described in paragraph (2) of subdivision (a) of Section 12801 shall
also present to the department a birth certificate or record of
birth, determined to be acceptable by the department, issued by a
foreign jurisdiction, and in addition, one of the following
combination of documents, determined to be acceptable by the
department:
   (1) A passport issued by a foreign jurisdiction and an
identification card bearing the applicant's photograph, deemed
appropriate by the department, from the country of origin.
   (2) An identification card issued to nationals residing in this
state by the consulate of the applicant's country of origin and an
identification card bearing the applicant's photograph, deemed
appropriate by the department, from the country of origin.
   (c) The department may, through regulations, accept documents in
addition to those specified in subdivision (b), provided that those
additional documents accurately confirm the identity of the
applicant.
   (d) (1) For the purpose of establishing an applicant's identity,
the department shall not accept identity documents issued by a
country that has been designated by the United States Secretary of
State as a state sponsor of terrorism.
   (2) At the direction of the Governor's Advisor on Homeland
Security, the department may make exceptions to the prohibition under
paragraph (1).
  SEC. 10.  Section 12801.5 of the Vehicle Code is amended to read:
   12801.5.  (a) Notwithstanding Section 40300 or any other provision
of law, a peace officer may not detain or arrest a person solely on
the belief that the person is an unlicensed driver, unless the
officer has reasonable cause to believe the person driving is under
the age of 16 years.
   (b) The inability to obtain a driver's license does not abrogate
or diminish in any respect the legal requirement of every driver in
this state to obey the motor vehicle laws of this state, including
laws with respect to licensing, motor vehicle registration, and
financial responsibility.
  SEC. 11.  Section 12801.9 is added to the Vehicle Code, to read:
   12801.9.  Notwithstanding any other provision of law, a commercial
driver's license applicant shall include the applicant's social
security account number in the application.
  SEC. 12.  Section 12801.10 is added to the Vehicle Code, to read:
   12801.10.  (a) (1) The department shall require an applicant
described in subdivision (b) of Section 12801.2 to also submit
fingerprint images and related information taken by a person
certified under Section 11102.1 of the Penal Code.
   (2) (A) The department shall forward the fingerprint images and
related information received by it under paragraph (1) to the
Department of Justice for the purpose of obtaining information
regarding the existence and nature of the person's record of state
and federal criminal convictions.
   (B) Fingerprint images and related information obtained by the
Department of Justice under subparagraph (A) and retained by the
Department of Justice are confidential and may be used only to ensure
that an individual is issued only one driver's license and to
determine an individual's eligibility to own, purchase, receive,
possess, or have custody or control of a firearm, dangerous weapon,
or explosive.
   (3) The Department of Justice shall forward to the Federal Bureau
of Investigation requests received under paragraph (2) for criminal
offender record information at the federal level.
   (4) Upon obtaining criminal offender record information on an
applicant for whom fingerprint images and related information have
been received under paragraph (2), or upon receiving confirmation
that no record exists, the Department of Justice shall provide the
department with a report on the applicant, confirming the
nonexistence of a criminal offender record or containing the
information described in subdivision (p) of Section 11105 of the
Penal Code.
   (5) The Department of Justice shall assess the applicant a fee
that is sufficient to cover the Department of Justice's costs in
implementing this subdivision.
   (b) The department shall not issue a driver's license to a person
on whom it receives a report under subdivision (a) indicating that
the person has a conviction of a public offense other than driving
without a driver's license, operating a motor vehicle in violation of
Section 4000, or operating a motor vehicle in violation of Section
16020 or 16028.
   (c) A person who is denied a driver's license under subdivision
(b) shall be provided by the department with a notice describing the
specific reason for the denial and an opportunity to appeal that
decision.  The notice shall include a list of the specific offenses,
the name of the court where the conviction was entered, the
disposition date of the case, the case number, if known, and
instructions of the procedure to appeal that decision, and how an
applicant may challenge information in his or her criminal record.
   (d) In lieu of the fee imposed under Section 14900, the department
shall charge an applicant for an original class C or M driver's
license who is described in subdivision (b) of Section 12801.2 a fee
sufficient to cover the costs incurred by the department in
processing the application, but not more than sixty dollars ($60).
  SEC. 13.  Section 14610.7 of the Vehicle Code is repealed.
  SEC. 14.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
  SEC. 15.  The provisions of this act are severable.  If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.